When your student turns 18, they become legal adults in the eyes of the law, regardless of their financial dependence or living situation. This significant legal transition comes with important implications that many families don't consider until they encounter unexpected barriers to helping their adult children.
This guide explains the essential legal documents to consider before your student leaves for college, why they matter, and how to obtain them.
The Legal Reality of Turning 18
At 18, your child becomes a legal adult with all the privacy protections and decision-making rights that entails:
- Parents no longer have automatic legal authority to make decisions for their child
- Parents cannot access medical information without permission
- Parents cannot conduct financial or legal business on their child's behalf
- These restrictions apply even if parents are paying tuition, providing insurance, or claiming the student as a dependent on taxes
While these protections are appropriate for young adults developing independence, they can create significant barriers during emergencies or when parental assistance would be beneficial.
Essential Legal Documents to Consider
1. Healthcare Power of Attorney (Medical POA)
- What it does: Authorizes a designated person (typically a parent) to make healthcare decisions if the student is incapacitated and unable to make or communicate decisions themselves.
- Why it matters: Without this document, parents may face obstacles getting information or making critical healthcare decisions in emergency situations, even if they're paying for health insurance.
- Real-life scenario: Maya collapsed during track practice and was unconscious when admitted to the hospital. Because she had completed a Healthcare POA naming her parents, doctors could discuss her condition freely with them and her parents could consent to necessary treatment while she was unconscious.
2. HIPAA Authorization
- What it does: Allows healthcare providers to share medical information with designated individuals (separate from decision-making authority).
- Why it matters: This allows routine discussion of health matters when the student is healthy and able to make their own decisions but wants parents to remain informed.
- Real-life scenario: Jason's parents couldn't get information about his mono diagnosis or treatment plan because he hadn't completed a HIPAA authorization. This created unnecessary stress during his illness until he was well enough to complete the paperwork.
3. Durable Power of Attorney (Financial POA)
- What it does: Authorizes a designated person to handle financial and legal matters on the student's behalf.
- Why it matters: Allows parents to help with banking, taxes, car registration, insurance claims, or other administrative matters that might arise while the student is away at college.
- Real-life scenario: When Emma's car was damaged in a campus parking lot, her parents couldn't file the insurance claim or get the car repaired locally because she hadn't authorized them to act on her behalf. The situation required extensive back-and-forth document signing during her finals week.
4. Advance Healthcare Directive (Living Will)
- What it does: Specifies a person's wishes regarding medical treatments if they become unable to communicate their decisions.
- Why it matters: Provides guidance to healthcare providers and the medical power of attorney about the student's preferences for medical care in serious situations.
- Real-life scenario: Following a serious car accident, doctors wanted to know Carlos's wishes about certain treatments. His advance directive provided critical guidance during a time when his family was already under immense stress.
How to Obtain These Documents
1. Family Attorney
- Most comprehensive and personalized option
- Can address state-specific requirements (you must consider your home state and the state of the college)
- Typically costs $200-500 for a basic package
2. Online Legal Services
- Budget-friendly alternatives like LegalZoom, Rocket Lawyer, or FreeWill
- Basic forms range from $20-150
- Ensure documents comply with your state's laws
3. College Resources
- Many university health centers offer free HIPAA forms
- Student legal services offices on campus may provide document preparation at reduced costs
- Financial aid offices typically have FERPA release forms
4. Local Legal Aid Services
- Community legal clinics often provide document preparation services
- May offer sliding scale fees based on income
While no one likes to think about emergencies, having these documents in place before your student leaves for college provides peace of mind for both parents and students. Remember, these documents can be modified or revoked at any time as your student gains independence.
Moving Forward Together
The transition to college represents a significant legal and developmental milestone. The best approach combines practical preparations with respect for the evolving relationship between parents and their adult children.
Rather than viewing these decisions as simply administrative tasks, consider them opportunities for important conversations about trust, independence, and mutual expectations.
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